KARNATAKA HABITUAL OFFENDERS ACT, 1961

24 of 1961

An Act to provide for the treatment and training of habitual offenders. Whereas, it is expedient to provide for the treatment and training of habitual offenders in the State of Karnataka; Be it enacted by the Karnataka State Legislature in the Twelfth Year of the Republic of India as follows:-

CHAPTER 1 Preliminary

Section1 Short title, extent and commencement

(1) This Act may be called the Karnataka Habitual Offenders Act, 1961.

(2) It extends to the whole of the State of Karnataka.

(3) It shall come into force on such date as the Government may by notification in the Official Gazette appoint.

Section2 Definitions

In this Act, unless the context otherwise requires.

(a) "Code" means the Code of Criminal Procedure, 1898;

(b) "Corrective Settlement" means any place established, approved or certified as a corrective settlement under Section 13;

(c) "District" means the territorial division constituting a district for the purpose of the Code and includes the City of Bangalore;

(d) "District Magistrate" means the Deputy Commissioner of the District;

(e) "Habitual Offender" means a person who, during any continuous period of five years, whether before or after the commencement of this Act, or partly before and partly after such commencement, has been sentenced on conviction on not less than three occasions, since he attained the age of eighteen years, to a substantive term of imprisonment, for any one or more of the scheduled offences, committed on different occasions and not so connected together as to form part of the same transaction, such sentence not having been reversed in appeal or on revision:

Provided that in computing the continuous period of five years referred to above, any period spent in jail either under sentence of imprisonment or under detention shall not be taken into account;

(f) "Notification" means a notification published in the Official Gazette;

(g) "Prescribed" means prescribed by rules made under this Act;

(h) "Registered Offender" means a habitual offender whose name and other particulars are entered in a Register made under a direction issued under Section 3 or who is re-registered under Section 9;

(i) "Scheduled Offence" means an offence specified in Schedule A or an offence analogous thereto;

(j) "Superintendent of Police" means the Superintendent of Police having jurisdiction over the area.

CHAPTER 2 Registration of Habitual Offenders and Restrictions on their Movements

Section3 Power of State Government to direct registration of habitual offenders

The State Government may, by notification, direct the District Magistrate, to make or cause to be made, a Register of habitual offenders within the district, by entering therein, names, previous convictions and other prescribed particulars of such offenders.

Section4 Issue of notice to habitual offenders and enquiry regarding entries to be made in the Register

After the publication of a notification under Section 3, the District Magistrate or any officer appointed by him in this behalf, shall by notice in the prescribed form, to be served in the prescribed manner, call upon every habitual offender in the district.

(a) to appear before him at a time and place therein specified;

(b) to furnish such information as may be necessary to enable him to enter the name and other prescribed particulars of the habitual offender in the register;

(c) to allow his finger and palm impressions, foot-prints and photographs to be taken:

Provided that the name, previous convictions and other prescribed particulars of a habitual offender shall not be entered in the Register unless after affording him a reasonable opportunity of showing cause why such entry should not be made:

Provided further, that no entry relating to previous conviction of a habitual offender shall be made, unless the District Magistrate or the officer appointed by him in this behalf, has satisfied himself about the truth or otherwise of such previous conviction in the manner provided by Section 511 of the Code.

Section5 Charge of register and alterations therein

(1) After the names, previous convictions and other prescribed particulars of habitual offenders in the district are entered in the Register, such Register shall be kept in the custody of the Superintendent of Police who shall, from time to time, report to the District Magistrate any alterations which ought, in his opinion, to be made therein.

(2) When the Register is in the custody of the Superintendent of Police, no fresh entries shall be made the Register, nor shall any entry be cancelled, except by or under an order in writing of the District Magistrate.

Section6 Power to take finger impressions, etc., at any time

The District Magistrate or any officer appointed by him in this behalf may, at any time, order the finger and palm impressions, foot-prints and photographs of any registered offender to be taken.

Section7 Registered offenders to notify every change of residence and to report themselves

(1) Every registered offender shall notify to such authority and in such manner as may be prescribed, any change or intended change of his ordinary residence:

Provided that where such offender changes or intends to change his ordinary residence to another district, whether within the State of Karnataka or outside, he shall notify the change or intended change to the District Magistrate of the district in which he is registered.

(2) The District Magistrate may, by order in writing, direct that any registered offender shall.

(a) report himself once in each month or where the District Magistrate for reasons specified in the order, so directs, more frequently, to such authority and in such manner as may be specified in the order; and

(b) notify any absence, or intended absence from his ordinary residence to the aforesaid authority:

Provided that the District Magistrate may exempt any such offender from notifying any absence or intended absence from his ordinary residence for such period and on such conditions as may appear reasonable to him.

Section8 Action to be taken when a registered offender changes his ordinary residence

(1) Where any registered offender changes his ordinary residence to another district within the State of Karnataka, the District Magistrate of the District in which the offender is registered, shall inform the District Magistrate of the other district about such change, and at the same time, furnish him with the name and other particulars of the registered offender.

(2) On the receipt of such information, the District Magistrate of the other district, shall enter in his register the name and other particulars of the registered offender and inform the District Magistrate of the first district about such registration and thereupon such District Magistrate shall cancel from his Register the entry relating to that offender.

(3) Where a registered offender changes his ordinary residence to another district, outside the State of Kamataka, the District Magistrate of the first district shall, while furnishing the District Magistrate of the other district, with the name and the other particulars of the registered offender, make a request to that District Magistrate that he may be informed of the steps, if any, which may have been taken in relation to the offender under any law for the time being in force in that other district; and upon receipt of such information, the District Magistrate of the first district shall cancel from his Register the entry relating to that offender.

(4) Upon the entry of the name and other particulars of the registered offender in the Register under sub-section (2), the provisions of this Act and the rules made thereunder, shall apply to him as if he has been registered, in pursuance of a direction given under Section 3, in the Register of the district to which he has changed his ordinary residence.

Section9 Duration of registration, cancellation thereof and re-registration of habitual offenders

(1) The Registration of a habitual offender under this Act shall cease to be in force on the expiry of five years from the date of such registration, unless earlier cancelled by the District Magistrate for reasons to be recorded in writing. On such expiry or cancellation, the habitual offender shall cease to be a registered offender.

(2) Notwithstanding the cancellation or the expiry of duration of registration, a habitual offender may be re-registered in accordance with the provisions of this Act relating to registration as often as he is convicted of one or more of the scheduled offences at any time after such cancellation or expiry and the re-registration shall unless earlier cancelled by the District Magistrate for reasons to be recorded in writing, cease to be in force on the expiry of five years from the date of such re-registration.

(3) Notwithstanding anything contained in sub-sections (1) and (2), where a registered offender is, during the period of registration or re-registration, convicted of one or more of the scheduled offences and sentenced to a substantive term of imprisonment, the duration of registration or re-registration shall be extended for a period of five years from the date of his release from such imprisonment.

Section10 Right to make representations against registration and re-registration, etc

(1) Any person deeming himself aggrieved by the registration or re-registration of his name under Section 4 or, as the case may be, under Section 9, or by an order under sub-section (2) of Section 7, may, within the prescribed period make a representation to the State Government against such registration, re-registration or order.

(2) The State Government shall, after considering the representation and giving the aggrieved person an opportunity of being heard in the prescribed manner, if necessary either confirm or cancel the registration, reregistration or order, as the case may be, and shall in the case of confirmation, record a brief statement of the reasons therefor.

Section11 Power to restrict movement of a registered offender

(1) If, in the opinion of the State Government, it is necessary or expedient in the interests of the general public so to do, the State Government may, by order, direct that any registered offender shall be restricted in his movement to such area (hereinafter called the "restriction area"), and for such period not exceeding three years as may be specified in the order.

(2) Before making any such order, the State Government shall take into consideration the following matters, namely.

(a) the nature of the offences of which the registered offender has been convicted and the circumstances in which the offences were committed;

(b) whether the registered offender follows any lawful occupation and whether such occupation is conducive to honest and settled way of life and is not merely a pretence for the purpose of facilitating commission of offences;

(c) the suitability of the area to which his movements are to be restricted; and

(d) the manner in which the registered offender may earn his living within the restriction area and the adequacy of arrangements which are, or are likely to be, available therefor.

(3) A copy of the order shall be served on the registered offender in the prescribed manner.

Section12 Power to cancel or alter restrictions on movement

The State Government may, by order, cancel any order made under Section 11 or alter any area specified in an order under that section:

Provided that before making such order, the State Government shall consider the matters referred to in sub-section (2) of Section 11 in so far as they may be applicable.

CHAPTER 3 Corrective Training of Habitual Offenders

Section13 Establishment of corrective settlements

(1) The State Government may, by notification, establish and maintain in the State as many corrective settlements as it thinks fit, for the purpose of placing therein such habitual offenders as are directed to receive corrective training under this Act.

(2) The State Government may also, subject to the conditions prescribed, approve or certify any institution (whether known as a settlement or otherwise) established or maintained by persons other than the State Government as corrective settlement for the purpose of this Act.

Section14 Power to direct habitual offender to receive corrective training

(1) Where the State Government is satisfied from a report of the District Magistrate or otherwise, that it is expedient for the reformation of a registered offender and the prevention of crime, that the registered offender should receive training of a corrective character for a substantial time, the State Government may, by an order in writing, direct that the registered offender shall receive training of a corrective character for such period not exceeding the duration of his registration or re-registration as may be specified in the order.

(2) When a habitual offender who is not more than forty years of age.

(a) is convicted of any offence punishable with imprisonment; or

(b) is required in pursuance of Section 110 of the Code to execute a bond for his good behaviour; and the Court or the District Magistrate is satisfied from the evidence in the case and other matters on record that it is expedient for his reformation and prevention of crime that he should receive training of a corrective character for a substantial time, the Court or the District Magistrate may, in lieu of sentencing him for such offence, as the case may be, requiring him to execute such bond, direct that he shall receive corrective training for such term of not less than two nor more than five years as the Court or Magistrate may determine.

(3) Before giving any direction under sub-section (1) or sub-section (2), the State Government or the Court or the Magistrate, as the case may be, shall.

(a) take into consideration the physical and mental condition of the offender and his suitability for receiving corrective training in a corrective settlement; and

(b) give a reasonable opportunity to the offender to show cause as to why such directions should not be given.

(4) A habitual offender in respect of whom a direction to receive corrective training has been made, shall be placed in a corrective settlement for the term of his training and while in such settlement, shall be treated in such manner as may be prescribed.

Section15 Power to transfer from corrective settlement

The State Government or any other officer authorised by it in this behalf, may, at any time, by order in writing direct any habitual offender, who may be in a corrective settlement, to be transferred to another corrective settlement.

CHAPTER 4 Penalties and Procedure

Section16 Penalty for failure to comply with certain provisions of the Act. A habitual offender, who, without lawful excuse, the burden of proving which shall lie upon him

(a) fails to appear in compliance with a notice issued under Section 4; or

(b) intentionally omits to furnish any information required under that section, or furnishes as truth any information which he knows or has reason to believe to be false, or does not believe to be true; or

(c) refuses to allow his finger and palm impressions, footprints and photographs to be taken by any person acting under an order passed under Section 4 or Section 6; or

(d) fails to comply with the provisions of sub-section (1) of Section 7 or with an order of the District Magistrate under sub-section (2) of Section 7, or with an order of the State Government under Section 11, may be arrested without warrant and shall be punishable.

(i) on first conviction, with imprisonment for a term which may extend to six months or with fine which may extend to two hundred rupees, or with both; and

(ii) on a second or subsequent conviction, with imprisonment for a term which may extend to one year or with a fine which may extend to five hundred rupees or with both:

Provided that if the Court after taking into consideration the offender's age and physical and mental condition as to the suitability for receiving training of a corrective character in a corrective settlement, is satisfied that it is expedient for his reformation and the prevention of crime, that he should receive training of a corrective character for a substantial time, the Court may, in lieu of sentencing the offender to any punishment under this section, direct, after giving him an opportunity of showing cause, that he shall receive corrective training in a corrective settlement for such term not being less than two years nor more than three years, as it may determine.

Section17 Arrest of persons found outside restriction area or corrective settlement

(a) is found outside the area to which his movements have been restricted, in contravention of the conditions under which he is permitted to leave such area; or

(b) escapes from any corrective settlement in which he is placed, he may be arrested without warrant by a police officer, police patel, or a member of the village police and taken before a magistrate who, on proof of the facts, may order him to be removed to such area or to such corrective settlement, there to be dealt with in accordance with this Act and the rules made thereunder.

CHAPTER 5 iscellaneous

Section18 Bar of jurisdiction

No Court shall question the validity of any direction or order issued under this Act.

Section19 Bar of legal proceedings

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.

Section20 Power to delegate

The State Government may, by notification in the official Gazette, direct that any power exercisable by it under this Act, except the power under Section 21, may also be exercised subject to such conditions and restrictions as may be specified in the notification, by such Officer not below the rank of a Deputy Commissioner as may be specified therein.

Section21 Power to make rules

(1) The State Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely.

(a) the form of notice under Section 4 and the manner in which such notice may be served;

(b) the form of the Register of Habitual offenders and the particulars to be entered therein;

(c) the authority to whom and the manner in which any change or intended change of ordinary residence shall be notified under sub-section (1) of Section 7;

(d) the nature of restrictions to be observed by registered offenders whose movements have been rest ricted;

(e) the grant of certificate of identity to registered offenders and inspection of such certificates;

(f) the conditions under which the offenders may be permitted to leave the area to which their movements have been restricted or the corrective settlements in which they have been placed;

(g) the terms upon which offenders may be discharged from corrective settlements;

(h) the working, management, control and supervision of corrective settlements including the discipline and conduct of persons placed therein;

(i) the conditions for, and the manner of, approving or certifying institutions established or maintained by persons other than the State Government as corrective settlements;

(j) the appointment of non-official visitors for corrective settlements;

(k) the conditions and circumstances under which members of the family of a habitual offender may be permitted to stay with him in a corrective settlement;

(1) the periodical review of the cases of all persons. whose movements have been restricted or who are placed in corrective settlements under this Act; (m) any other matter, which is to be or may be prescribed under this Act.

(3) In making rules under this Act, the State Government may provide that contravention of any of the rules shall be punishable with imprisonment which may extend to six months or with fine which may extend to one hundred rupees or with both.

(4) Every rule made under thi s section shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section22 Repeal and savings

The enactments mentioned in Schedule B are hereby repealed: Provided that Section 6 of the Mysore General Clauses Act, 1899 (Mysore Act III of 1899), shall be applicable in respect of such repeal and Sections 8 and 24 of the said Act shall be applicable as if the said enactments had been repealed and re-enacted by this Act:

Provided further that if immediately before the commencement of this Act

(i) any person is a notified offender; or

(ii) an order of restriction or an order of settlement has been made against any person, under any of the repealed enactments and such person is a habitual offender within the meaning of clause (e) of Section 2 of this Act, such person shall continue to be subject to the provisions of the relevant repealed enactment, as if such enactment had not been repealed for a period of four months from the date of commencement of this Act or until his name and other particulars are entered in the register made under any direction issued under Section 3 of this Act, whichever is earlier.

SCHEDULE A Offences under the Indian Penal Code

SCHEDULE [See Section 2(i)] SCHEDULE A

[See Section 2(i)]

Offences under the Indian Penal Code

CHAPTER 12

Section

231 Counterfeiting coin.

232 Counterfeiting Indian Coin.

233 Making or selling instrument for counterfeiting coin.

234 Making or selling instrument for counterfeiting Indian coin.

235 Possession of instrument or material for the purpose of using the same for counterfeiting coin.

239 Delivery of coin possessed with knowledge that it is counterfeit.

240 Delivery of Indian coin, possessed with knowledge that it is counterfeit.

242 Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof.

243 Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof.

CHAPTER 16

304 Culpable homicide not amounting to murder.

307 Attempt to murder.

308 Attempt to commit culpable homicide.

311 Being a thug.

324 Voluntarily causing hurt by dangerous weapons or means.

325 Voluntarily causing grievous hurt.

326 Voluntarily causing grievous hurt by dangerous weapons or means.

327 Voluntarily causing hurt to extort property or to constrain to an illegal act.

328 Causing hurt by means of poison, etc., with intent to commit an offence.

329 Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act.

332 Voluntarily causing hurt to deter public servant from his duty.

333 Voluntarily causing grievous hurt to deter public servant from his duty.

347 Wrongful confinement to extort property, or constrain to illegal act.

365 Kidnapping or abducting with intent secretly and wrongfully to confine person.

366-A Procuration of minor girl.

366-B Importation of girl from foreign country.

368 Wrongfully concealing or keeping in confinement, kidnapped or abducted person.

369 Kidnapping or abducting child under ten years with intent to steal from its person.

CHAPTER 17

379 Theft.

380 Theft in dwelling house, etc.

382 Theft after preparation made for causing death, hurt or restraint in order to the committing of theft.

384 Extortion.

385 Putting person in fear of injury in order to commit extortion.

386 Extortion by putting a person in fear of death or grievous hurt.

387 Putting person in fear of death or of grievous hurt, in order to commit extortion.

392 Robbery.

393 Attempt to commit robbery.

394 Voluntarily causing hurt in committing robbery.

395 Dacoity.

397 Robbery or dacoity, with attempt to cause death, or grievous hurt.

398 Attempt to commit robbery or dacoity when armed with deadly weapon.

399 Making preparation to commit dacoity.

400 Belonging to a gang of dacoits.

401 Belonging to a gang of thieves.

402 Assembling for purpose of committing dacoity.

411 Dishonestly receiving stolen property.

414 Assisting in concealment of stolen property.

451 House-trespass in order to commit offence punishable with imprisonment.

452 House-trespass after preparation for hurt, assault or wrongful restraint.

453 Lurking house-trespass or house-breaking.

454 Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment.

455 Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint.

456 Lurking house-trespass or house-breaking by night.

457 Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment.

458 Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint.

459 Grievous hurt caused whilst committing lurking house-trespass or house-breaking.

460 All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them.

Offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Central Act 104 of 1956)

Section

Living on the earnings of prostitution.

Offences under the Prohibition Acts

Section

(1) (f) or (g) of the Madras Prohibition Act, 1937 (Madras Act X of 1937) as in force in the Madras Area.

(f) or (g) of the Karnataka Prohibition Act, 1948 (Karnataka Act XXXVII of 1948) as in force in the Mysore and Hyderabad Areas.

(c) and 13(c) of the Bombay Prohibition Act, 1949 (Bombay Act XXV of 1949) as in force in the Bombay Area.

(1) (f) or (g) of the Coorg Prohibition Act, 1956 (Coorg Act 1 of 1956) as in force in the Coorg District.

SCHEDULE B Enactments repealed

SCHEDULE [See Section 22] SCHEDULE B

[See Section 22]

Enactments repealed

The Karnataka Restriction of Habitual Offenders Act, 1952 (Karnataka Act XXIII of 1952).

The Madras Restriction of Habitual Offenders Act, 1948 (Madras Act VI of 1948).

The Bombay Habitual Offenders Restriction Act, 1947 (Bombay Act LI of 1947).

The Hyderabad Habitual Offenders (Restriction and Settlement) Act, 1954 (Hyderabad Act XXII of 1954).

KARNATAKA HABITUAL OFFENDERS RULES, 1969

In exercise of the powers conferred by Section 21 of the Karnataka Habitual Offenders Act, 1961 (Karnataka Act 24 of 1961), the Government of Karnataka hereby makes the following rules, draft of which was published in Notification No. GSR 13 (HD 5 PRH 61), dated 8th January, 1968 in Part IV, Section 2-C(i) of the Karnataka Gazette, dated 18th January, 1968, namely.

CHAPTER 1 Preliminary

Rule1 Title

These rules may be called the Karnataka Habitual Offenders Rules, 1969.

Rule2 Definitions

In these rules, unless the context otherwise requires.

(a) "Act" means the Karnataka Habitual Offenders Act, 1961 (Karnataka Act 24 of 1961);

(b) "Form" means a form appended to these rules;

(c) "Government" means the State Government;

(d) "Order of restriction of Movement" means an order made under Section 11;

(e) "Reclamation Officer" means the Officer appointed as such for the settlement;

(f) "Restricted person" means a person in respect of whom an order of restriction has been made;

(g) "Section" means a section of the Act;

(h) "Settler" means a person ordered by Government or Court or District Magistrate under Section 14 22. Substituted for the words "of receive" by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. [to receive] training of a corrective character and placed in a correction settlement.

CHAPTER 2 Registration of Habitual Offenders and Restrictions on their Movements

Rule3 Register of Habitual Offender

(1) For the purpose of Section 3, a register of habitual offenders shall be maintained in Form "A". The register shall be in loose leaf book with a separate sheet for each habitual offender.

(2) Every registered offender of a district shall be assigned a serial num- ber with the provisions of the name of the district concerned to denote the name of the district.

Rule4 Service of notice on habitual offenders

(1) Notice under Section 4 shall be in Form 'B'.

11. Sub-rule (2) substituted by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. [(2) The notice shall, if practicable, be served personally by delivering or tendering the duplicate of the notice to the habitual offender.]

(3) Every habitual offender on whom a notice is so served shall if sc required by the serving officer sign a receipt therefor on the back of the other duplicate.

(4) Where the habitual offender concerned cannot by the exercise of due diligence be found, a notice may be served by leaving one of the duplicates for him with some adult member of his family and the person with whom the notice is so left shall, if so required by the serving officer sign the receipt therefor on the back of the other duplicate.

(5) If service in the manner mentioned in sub-rules (1) to (4) cannot, by the exercise of due diligence be effected, the serving officer shall affix one of the duplicate of the notice to some conspicuous part of the house or homestead in which the habitual offender summoned ordinarily resides and thereupon the summons shall be deemed to have been duly served.

Rule5 Procedure when the habitual offender is in jail

(1) When the habitual offender on whom the notice referred to in sub-rule (1) of Rule 3 is in jail, the Superintendent of the jail shall arrange for the appearance of such habitual offender before the authority specified in the notice.

(2) If the habitual offender on whom the notice referred to in sub-rule (1) is served, fails to show-cause why the entries should not be made in the register within the time specified in the notice, it shall be presumed that he has no objection to the entries being made.

Rule6 Registered offender to notify change of residence

Every registered offender shall notify any change or intended change of his ordinary residence by reporting in person to the Officer-in-charge of a Police Station within whose jurisdiction he is residing and also to the Village Police Patel, if he is residing in a village. When making such report, he shall state the address of his intended new residence and the day on which he proposes to move to such residence.

Rule7 Nature of restrictions to be observed by registered offender whose movements have been restricted

(1) Every registered offender in respect of whom an order of restriction of movement has been made, shall, unless

(i) for the first six months commencing from the date of the order on everyday;

(ii) for the next six months, at an interval of not more than four days; and

(iii) for the remaining period at an interval of not more than 10 days: Provided that, if during any of the periods mentioned above, such of fender.

(a) is convicted of any non-bailable offence; or

(b) is reasonably suspected by the District Magistrate concerned for reasons to be recorded in writing of having been concerned in commission of non-bailable offence, he shall report himself in the manner specified in clauses (i), (ii) and (iii) for the full periods mentioned therein, beginning in the case mentioned in clause (a), with the date of expiry of the sentence and in the case mentioned in clause (b), with such date as the District Magistrate may direct.

(2) If such offender be a female, she may, if she desires, cause the required report to be made by any male relative. She shall not, however, thereby be exempted from any penalty to which she may be liable if such report is proved to be not true.

Rule8 Period for making representation to State Government under Section 10

(1) The period for making representation to the State Government under Section 10 shall be thirty days from the date of receipt of the order of registration or re-registration or the order issued under -ub-section (2) of Section 7.

(2) On receipt of the representation, the Government shall fix a date for hearing and communicate the date of hearing to the aggrieved person, who may on the said date appear either in person or by a pleader.

Rule9 Service of order made under Section 11

A copy of the order made under sub-section (1) of Section 11 shall be served on the registered offender in the manner specified in Rule 4.

Rule10 Absence of registered offender

(1) When any registered offender in respect of whom an order of restriction of movement has been made, intends to absent himself from his residence for one or more nights he shall notify his intended absence.

(a) if he is residing in a village.

(i) to the Police Patel of the village, when the period of intended absence does not exceed seven days; and

(ii) to the Police Patel of the village and the Officer-in-charge of the Police Station concerned when the period of intended absence exceeds seven days.

(b) if he is residing in a place other than a village to the Officer-in- charge of the Police Station within whose jurisdiction, he is residing.

(2) Such registered offender shall, at every place where he halts for the night, notify the Village Police Patel or in the case of a town or city to the Officer-in-charge of the Police Station concerned, his arrival at, and departure from that place, as also the place to which he intends to proceed and halt for the night.

(3) On arrival at his destination, such offender shall report himself to the Village Police Patel or in the case of a town or city to the Officer-in-charge of the Police Station concerned.

(4) For recording the temporary absence of such offender, a temporary absence form in Form 'C' shall be used. The Village Police Patel may issue this form when the registered offender is residing in a village and when the period does not exceed seven days and in other cases the form shall be issued by the Officer-in-charge of the police station concerned.

Rule11 Failure of the Registered Offender to report

When a registered Offender in respect of whom an order of restriction of movement has been made, fails to report himself as laid down in Rule 7, it shall be competent for the Police Patel of the village in case such Offender is residing in a village or in other cases, for the Officer-in-charge of a Police Station, in whose jurisdiction such offender is residing to pay a domiciliary visit by day or night to verify the presence of the registered Offender in his place of residence. It shall then be the duty of such Offender, if he is present, to appear, personally before the Police Patel or such Officer as the case may be or in the case of physical unfitness, otherwise to satisfy the Police Patel or such Officer of his presence.

Rule12 Pass for being absent from the limits of the area to which the movements have been restricted

A registered Offender in respect of whom an order of restriction of movement has been made shall not leave or be absent from the limits of the area to which his movements have been restricted, without obtaining a pass in Form 'D' in the manner laid down in Rule 13:

Provided that where the area of restriction is smaller than the area of the Police Station within which it is situated, nothing contained in this rule shall be deemed to render it illegal for a restricted person to quit the limits of that area for the purpose of appearing at the Police Station within the limits of which he is residing or before any Court in obedience to any process of the Court or before any Court having jurisdiction to complain of an offence affecting himself or his family or to apply for a pass under these rules:

Provided further that such person shall, before leaving the area give notice to the Police Patel or to the Officer-in-charge of Police Station and shall proceed straight to the police station or to the Court as the case may be.

Rule13 Procedure for granting a pass

(1) The Police Patel of the village in which restricted person resides may grant to such person a pass in Form 'F authorising him to leave the area to which his movements have been restricted, for one day between the hours of sunrise and sunset.

(2) The Officer-in-charge of a Police Station in whose jurisdiction a restricted person resides may, on proper cause being shown grant to such person leave of absence not exceeding fifteen days and issue the pass.

11. Sub-rule (3) substituted by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. [(3) In other cases, the Superintendent of Police may grant to a restricted person leave of absence exceeding fifteen days and issue the pass.]

(4) Any pass granted under this rule shall be drawn up in triplicate and each pass shall be signed by the Officer granting the leave. One part shall be retained by such Officer, the second shall be given to the restricted person to whom leave has been granted and the third shall be sent to the Officer- in-charge of the Police Station within the limits of which the destination of the holder of the pass lies.

Rule14 Restrictions on movement during period of leave

22. Substituted for the heading "Manner of Journey covered by pass" by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. (1) A restricted person who obtains leave of absence under Rule 13 shall travel to his destination and return to his residence by the route specified in the pass. He shall have the time and date of the arrival endorsed on the pass by the Police Patel of the village of the destination or if his restriction be a town or city, by the Officer-in-charge of the Police Station concerned.

(2) During the time when such person is on leave, he shall report every evening to the Police Patel of the village or to the Officer-in-charge of the Police Station within whose jurisdiction he happens to be and while at destination he shall report himself to the Officer-in-charge of the Police Station and produce his pass for endorsement. Such person shall not overstay the period of leave.

(3) During the period of residence at his destination such person shall not be absent from his residence at any time between sunset and sunrise or go beyond the limit of five miles from his residence during day time.

(4) Before returning to his residence, such person shall have the time and date of departure endorsed on the pass by the Police Patel or the Officer-in- charge of the Police Station concerned and on his returning to his residence he shall deliver up the pass to the Officer-in-charge of the Police Station or the Village Patel through whom he received it. Such pass, if originally issued by the Superintendent of Police shall be forwarded to him by the Officer-in-charge of the Police Station.

Rule15 Withdrawal and Cancellation of Pass

33. Substituted for the heading "Duration of the pass" by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. A pass granted under Rule 13 may at any time be withdrawn by the authority granting it and the leave granted shall thereby be cancelled.

Rule16 Exemption

(1) Exemption from reporting at intervals and from taking passes for leave of absence may be granted to any restricted person by the District Magistrate, if he is satisfied on enquiry that such person has shown a marked improvement and given unmistakable evidence of good conduct and sustained industry in earning his livelihood and has not been reasonably suspected of committing a non-bailable offence. Such exemption shall be intimated to the Superintendent of Police.

(2) The case of every restricted person shall be reviewed by the District Magistrate for the purpose of granting exemption, immediately after the expiry of one year from the date of the order of restriction and every six months thereafter.

Rule17 Grant of certificate of identity to registered offenders and inspection of such certificates

(1) Every registered offender shall be granted by the Superintendent of Police, a certificate of identity in Form 'E'.

(2) The certificate of identity granted under sub-rule (1) shall be produced by the registered offender, on demand by 11. Substituted for the words "any Police Officer" by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. [any Police Patel or Police Officer] or Magistrate for the purpose of inspection.

Rule18 Issue of permanent pass

The Superintendent of Police may issue to any person substituted in respect of whom an order of restriction of movement has been made, a permanent pass in Form 'F' specifying the days and the hours during which such person may visit the nearest bazaar or market place outside the area to which his movements have been restricted, for making purchases or sales.

CHAPTER 3 Corrective training of Habitual Offenders

Rule19 Management, control and supervision of corrective settlements

The general control of all corrective settlements shall vest in the Reclamation Officer who may be assisted by one or more Assistant Reclamation Officers and Inspectors.

Rule20 Supervision of settlements

Every corrective settlement shall be under the supervision of a Superintendent and the Superintendent shall be responsible for the enforcement of these rules for the internal administration of the corrective settlement and the general welfare of the settlers.

Rule21 Visit to the Settlements

The Reclamation Officer or the Assistant Reclamation Officer shall visit the corrective settlements under their control once in every six months and conduct inspection.

Rule22 Separate sections in corrective, settlements to be provided for

(1) Separate sections shall be provided in every corrective settlement for the following types of settlers.

(i) for single male settlers;

(ii) for single female settlers;

(iii) for settlers belonging to the same family;

(iv) for married settlers residing in such settlement with their wives or husbands as the case may be.

(2) Settlers of one type shall not be allowed to visit another type or section of the settlement.

Rule23 Settlers to be provided with employment

(1) Every settler shall, unless he is by old age, physical infirmity or illness, unfit for manual labour, be employed on some kind of labour or industry or work suited to his physical condition as may be approved for such corrective settlement by the Reclamation Officer.

(2)

(a) Every settler who is unable on account of temporary physical or mental disability or illness to earn sufficient livelihood to provide for his stay in the settlement, shall be given light work by the Superintendent preferably, in simple craft taking into consideration such settler's aptitude, capacity and physical condition.

(b) If such settler is incapacitated to turn out any work, the Superintendent shall grant to the settler such stipend as is available for free grant.

(c) The grant of stipend under clause (b) shall be subject to the following procedures, namely.

(i) the visiting Medical Officer of the settlement shall certify that the settler is incapable of being engaged in gainful, strenuous employment;

(ii) the proposal for grant of stipend shall be submitted along with the medical certificate to the Reclamation Officer for approval;

(iii) the Reclamation Officer may, for reasons to be recorded, require the medical certificate to be countersigned by the District Medical Officer before according approval under item (ii).

Rule24 Subsistence to settlers

The Superintendent shall satisfy himself that every settler residing in the corrective settlement is provided with sufficient means of subsistence and he shall report forthwith to the Reclamation Officer if there be any difficulty in this respect.

Rule25 Apprenticeship employment and payment of subsidy to the settler

(1) Every settler in a corrective settlement shall be paid during the period of apprenticeship of two hundred days from the date of his admission, subsidy amount for his maintenance or diet according to the scale and such settler shall be trained in some trade provided in the corrective settlement.

(2) The Reclamation Officer may in respect of any settler increase the apprenticeship period up to three hundred days.

(3) On the expiry of apprenticeship period, the settler shall be given work as far as possible on the contract system of payment by piece work.

(4) Notwithstanding anything contained in this rule, the Superintendent may, either during the apprenticeship period or thereafter, employ any settler, on any remunerative job with which the settler is familiar such as mill work or work under private contractors.

Rule26 Earnings by a settler

When a settler earns in a settlement more money than what is necessary for his maintenance, the Superintendent may deposit the surplus from time to time, in a Savings Bank Account opened in the name of such settler. When such an account has been opened, the pass book shall be made over to the depositor at the time of his leaving the settlement.

Rule27 Supply of clothings to Settlers

Every settler shall on admission be provided at Government cost a set of clothings and beddings once only as specified below. Scale of bedding both for male and female Settlers. At the discretion of the Reclamation Officer a settler may be supplied clothing and bedding for a second time, if the settler is unable to purchase them on account of his physical or mental disability.

Rule28 Settler not to leave the limits without pass

(1) Unless exempted under sub-rule (3), no settler shall leave the limits of the corrective settlement without a pass. The limits of the corrective settlement shall be such as may be specified by the Reclamation Officer.

(2) A pass in Form 'G' permitting the Settler to proceed to any place in the State may be granted by the Superintendent for a period not exceeding two months, subject to the restrictions specified in the said form.

(3) A pass in Form 'G' to proceed to any specific 11. Substituted for the word "period" by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. [place] may be granted to any settler by the Reclamation Officer.

(4) The Reclamation Officer may in special circumstances exempt any Settler from taking a pass for proceeding to any place. 22. Inserted by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. [He shall make a record in writing of such special circumstance before granting exemption.]

Rule29 Settler to notify

A settler using a pass granted under Rule 28 shall notify his arrival immediately to the authority specified in the pass in the village, town, city or corrective settlement at which he has arrived and shall thereafter report himself at such 33. Substituted for the word "hemes" by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. [times] and places as shall have been specified in the pass.

Rule30 Roll-call of settlers

Except when absent on a pass granted under Rule 28 or when exempted from the roll-call by the Reclamation Officer, every Settler shall attend the roll-call held daily at such time or times as may be fixed by the Reclamation Officer and before such persons and at such places as may be appointed for this purpose by the Superintendent.

Rule31 Search of settlers

The Superintendent or any member of the staff of the corrective settlement authorised in this behalf by the Reclamation Officer, may search any Settler on admission and subsequently whenever necessary inspect his personal effects and his residence. Any article forbidden, such as liquor, opium, ganja and also articles which are used as weapons of offence or any property suspected to be stolen, found with the Settler shall be 44. Substituted for the word "attached" by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. [seized]. After 55. Substituted for the word "attachment" by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. [seizure], an enquiry shall be held by the Superintendent who shall 66. Substituted for the words "record the settlement" by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. [record the statement] of the person from whom the article 77. Substituted for the words "was attached so as to his possession" by GSR 243, dated 22-7-187.1, w.e.f. 12-8-1971. [was siezed, so as to his possession]. The Superintendent may then dispose of the property according to law.

Rule32 Domestic animals of Settlers

The Reclamation Officer may decide what domestic animals may be kept by any settler in the corrective settlement and issue orders to ensure that they are kept under proper control and sanitation condition. The animals of any settler who disregards the order may be sold and the proceeds given to the owner.

Rule33 Duties of a settler

A settler shall not.

(a) refuse to perform any suitable work provided for him nor shall he engage in any work prohibited by the Superintendent;

(b) commit any act of indecency;

(c) refuse to obey any orders issued by the Superintendent to ensure proper sanitation of the corrective settlement;

(d) without a permit 11. Inserted by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. [granted under medical advice] partake of or possess liquor, opium, ganja or other intoxicants;

(e) misbehave or cause any disturbance by violent conduct or by quarrelling;

(f) gamble or bet;

(g) join any trade union or political organisation;

(h) beg;

(i) resist or refuse to obey any lawful order issued by the Superintendent or refuse to give a true account of his movements;

(j) without a permit from the Superintendent, 22. Substituted for the word "mortgage" by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. [pledge] or sell moveable property exceeding five rupees in value;

(k) have in his possession any article which has been forbidden by the Superintendent as capable of use as a weapon of offence;

(l) fail to assist in the maintenance of discipline or to give assistance to an Officer of the corrective settlement when called upon to do so in the interest of the corrective settlement;

(m) do or omit to do any act with intent to cause to himself any illness, injury or disability;

(n) leave without permission the working party to which he is assigned or the part of the premises in which he may be required to be present at any particular time;

(o) endeavour to escape from the corrective settlement limits within which he is legally required to stay.

Rule34 Penalty for breach of Rule 33

Any breach of Rule 33 on the part of a Settler may at the discretion of the Superintendent be dealt with according to the nature of the offence or for other reasons to be recorded in writing in any one or more of the following ways.

(a) a formal warning;

(b) additional or more arduous work at the discretion of the Settlement Superintendent;

(c) reduced wages or loss of wages for work done;

(d) withholding or cancellation of leave;

(e) confinement in a lock-up within the settlement; and

(f) fine:

33. Clause (g) inserted by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. [(g) execution of a bond with or without personal or cash surety in an amount not exceeding rupees twenty-five:]

Provided that all orders of punishment under these rules shall be liable to revision by the Reclamation Officer.

Rule35 Superintendent to recover fine

The Superintendent shall have power to recover any fine imposed under Rule 34 and the amount due from a surety, either in a lumpsum or by instalments and where there is wilful default in the payment of the fine or the amount of surety bond, he shall have power to attach and sell the movable property of the person fined, and of the surety, if such surety be a Settler.

Rule36 Seizure of intoxicant found with a Settler

11. Substituted for the word "attachment" by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. The Superintendent or any member of the staff of the corrective settlement authorised in this behalf by the Reclamation Officer may 22. Substituted for the word "attach" by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. [seize] any intoxicant found with any settler without a permit under clause (d) of Rule 33 or any stake money or instrument of gaming used for the purpose of gambling. After" 33. Substituted for the word "attachment" by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. [Seizure], 44. Substituted for the words "and enquiry" by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. [an enquiry] shall be held by the Superintendent as to the possession of the articles 55. Substituted for the word "attached" by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. [seized]. Where the articles 66. Substituted for the word "attached" by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. [seized] consist of an intoxicant, or the stake money does not exceed ten rupees in value the Superintendent shall, after the enquiry, either return the articles to the person appearing to be entitled thereto or order them to be sold and the sale proceeds given to such person, or in the case of intoxicants and instruments of gambling, order them to be destroyed. In other cases, the Superintendent shall, after the enquiry forward the article to the Reclamation Officer who may dispose of them in a similar manner.

Rule37 Arrest of Habitual Offender

The Superintendent or any member of the staff of the corrective settlement authorised in this behalf by the Superintendent or any Police Officer may arrest any Habitual Offender ordered to be placed in a corrective settlement or who, being an inmate of a corrective settlement is released from custody or imprisonment and may arrest any person who escapes or attempts to escape from the limits of the corrective settlement.

Rule38 Transfer of persons from one Corrective Settlement to another

77. Substituted for the word "one" by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. The Superintendent may report to the Reclamation Officer, the name of any person residing in a corrective settlement whose presence in such settlement is considered undesirable. The Reclamation Officer shall send a report of such cases to the Government or to the authorised officer for the transfer of such person to another corrective settlement.

Rule39 Discharge of settler on licence

(1) A settler may be discharged from a corrective settlement conditionally on licence by the 88. Substituted for the words "Government or by an Officer authorised by it in this behalf if in its or" by GSR 134, dated 30-3-1973, w.e.f. 7-6-1973. [Divisional Commissioner if in] his opinion, such person has given unmistakable evidence of his good conduct and sustained industry and he is not likely to commit any offence again and is capable of maintaining himself and his

(a) the settler has resided in a corrective settlement for not less than one year;

(b) the settler has not been awarded any disciplinary punishment during the six months preceding the date of discharge;

(c) the settler has completed the training in the corrective settlement and a certificate is produced;

(d) the settler has saved at least one hundred rupees;

(e) the guardian or employer or relative of the settler is willing to receive him and give an assurance that the settler will not be allowed to take to criminal activities and that he shall support the settler or arrange to give the Settler an honest means of living and the guardian or employer or relative is also willing to execute a surety bond for such amount as may be fixed by the Reclamation Officer.

(2) A settler discharged under sub-rule (1) shall be granted a licence in Form H.

(3) The period of licence shall not extend beyond the date on which the period or order of restriction expires.

Rule40 Conditions to be observed by a person discharged on licence

(1) A person discharged on licence from the corrective settlement under Rule 39 shall observe the following conditions.

(a) he shall reside in such place as the Reclamation Officer may decide;

(b) he shall refrain from joining any trade union or political organisation;

(c) he shall be of good conduct;

(d) he shall abide by such conditions as to roll-call and taking of passes as may be ordered by the Reclamation Officer;

(e) he shall be under supervision of such Local Officer or Probationary Officer or voluntary social worker as may be appointed in this behalf by the Reclamation Officer for the unexpired portion of the period for which he was ordered to receive training in the settlement;

(f) failure to comply with any of the conditions mentioned in subrule (1) shall at the discretion of the Reclamation Officer render the discharged settler liable to recommitment to a settlement.

Rule41 Powers of the Reclamation Officer which he may exercise or delegate

The Reclamation Officer may.

(i) himself exercise any of the powers of the Superintendent under these rules; or

(ii) delegate to the Assistant Reclamation Officer any powers vested in himself under these rules except that of discharge of a settler on licence or of exempting a settler from taking passes.

Rule42 Powers of the Superintendent

(1) The Superintendent may permit any bona fide dependents of a settler to reside with him in the corrective settlement in case of emergency. In all other cases, if the Reclamation Officer is satisfied that it is in the interest of a settler that his dependents should reside with him in the corrective settlement, he may if they so desire, permit them to reside in the corrective settlement: Provided that before such permission is granted the Reclamation Officer shall.

(i) ascertain by making such enquiries as he deems fit that according to the custom of the community to which the settler belongs, he is responsible for the maintenance of the dependents and that the settler and his dependents cannot suitably live apart; and

(ii) obtain an undertaking from the settler that the dependents shall observe the discipline of the corrective settlement and that he shall be responsible for the breach of the provision of clause (b) of Rule 33 committed by any of his dependents.

(2) The dependents of the settler shall, so long as they reside in the settlement observe the discipline of the connective settlement and particularly the provisions contained in clauses (b) to (i) and clause (k) of Rule 33.

(3) The settler shall exercise proper supervision over his dependents and shall not be an accessory to any breach of the provisions of Rule 33 committed by any of his dependents.

(4) Any breach of the provisions of Rule 33 by any of the dependents may at the discretion of the Superintendent be dealt with as provided in clauses (1) to (6) of Rule 34 and the punishment imposed on the settler concerned, if the Superintendent after making the necessary enquiries is satisfied that the settler did not exercise proper supervision over his dependents or that the settler was accessory to the breach.

Explanation. For the purposes of this rule "Dependents" means the wife or husband of the settler as the case may be and his/her children under sixteen years of age.

CHAPTER 4 Visiting Committees

Rule43 Constitution of the Visiting Committee

(1) For every corrective settlement, there shall be a visiting committee consisting of.

(a) ex officio members; and

(b) Non-official members.

(2) The following Officers shall be ex officio members of the Committee; namely.

11. Clause (i) omitted by GSR 134, dated 30-3-1973, w.e.f. 7-6-1973. [(i) x x x x x]

(ii) The District Magistrate of the District;

(iii) The Superintendent of Police of the District;

(iv) The District surgeon of the District;

(v) The District Agricultural Officer;

(vi) The District Officer-in-charge of Industries and Commerce;

(vii) The Superintendent shall be the ex ojficio Secretary of the Committee.

(3) There shall be five non-official members who shall be appointed by the Government.

(4) The 22. Substituted for the words "Divisional Commissioner" by GSR 134, dated 30-3-1973, w.e.f. 7-6-1973. [District Magistrate] shall be the Chairman of the visiting committee. The Reclamation Officer or his nominee may attend any meeting of the visiting committee on invitation.

(5) A non-official member should ordinarily have experience of social work at least for five years. He should not be less than thirty years and not more than sixty years of age. The Government may, however, relax the provision of this sub-rule in favour of any persons whom the Government considers suitable for appointment.

(6) Every non-official member shall hold the office for a period of two years from the date of his appointment:

Provided that a non-official member is eligible for re-appointment on the expiry of his period of appointment:

Provided further, that the Government may at anytime terminate the appointment of any non-official member before the expiry of his term of appointment without assigning any reason.

Rule44 Duties of the members of the visiting committee

(1) It shall be the duty of the members of the visiting committee.

(a) to visit the corrective settlement once in a quarter according to rotation which shall be drawn up by the Chairman after consulting the members and an interval of not more than three months should be allowed to pass between two successive meetings;

(b) to inspect all the parts of the corrective settlement and see every settler detained therein with a view to finding out if the settler is benefited by the training given to him.

(2) It shall be the duty of the visiting committee.

(a) to satisfy itself that necessary measures for discipline, employment and medical care are being taken;

(b) to give every settler an opportunity of making applications and complaints to it and to enquire into the same;

(c) to inspect the accounts and other registers and records of settlers;

(d) to review and consider whether it is advisable or desirable to discharge a settler before the expiry of term of his training and make recommendation in this regard to the 11. Substituted for the word "Government" by GSE 134, dated 30-3-1973, w.e.f. 7-6-1973. [Divisional Commissioner];

(e) to consider any other matter connected with the progress of the settlement and welfare of the settlers.

Rule45 Proceeding of the visiting committee

A copy of the proceedings of each meeting of the visiting committee and also of the remarks recorded by the members of the visiting committee at the time of their visits shall be sent to the Reclamation Officer with such remarks as the Superintendent may desire to offer in explanation or otherwise and thereupon the Reclamation Officer shall pass such orders as he thinks necessary. The Superintendent shall place a copy of such orders before the quarterly meeting of the Committee or send it to the member making the remarks as the case may be.

Rule46 Review of cases of all persons whose movements have been restricted

22. Rule 46 substituted by GSR 243, dated 22-7-1971, w.e.f. 12-8-1971. (1) A Board consisting of the District Magistrate of the District, the Assistant Reclamation Officer and the Superintendent of Police shall be constituted for reviewing the cases of persons whose movements have been restricted. The District Magistrate shall be the Chairman and the Superintendent of Police shall be the ex officio Secretary of the Board.

(2) The cases of all persons whose movements have been restricted under this Act shall be reviewed once in every six months by the Board. If on such review, the Board considers it advisable or desirable to rescind the order of restriction of movement before the expiry of the period specified in such order, it may make a recommendation 33. Substituted for the words "to the Government in this regard" by GSR 134, dated 30-3-1973, w.e.f. 7-6-1973. [in this regard to the authority empowered to take action under Section 12.]

CHAPTER 5 Approving of Certifying Instructions as Corrective Settlements and their Management and Control

Rule47 Procedure to certify as corrective settlement

When any institution registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960) and not certified under sub-section (2) of Section 13 of the Act desires that it should be certified as a corrective settlement, it shall make through its Manager or other Competent Authority a written application in this behalf to the Reclamation Officer who shall cause the said institution to be inspected and shall make a report to the Government if he is satisfied with the provisions made in the institution regarding facilities for lodging, guarding, training in the crafts, employment, recreation, medical and rehabilitation of the settler.

Rule48 Certified Corrective Settlement to have a Governing Body

Every institution desiring to be certified as a corrective settlement under sub-section (2) of Section 13 shall have a Governing Body for the day-to-day management of the institution, with an Honourary Secretary who shall subject to the control of the Governing Body, discharge its executive and administrative functions.

Rule49 Duties of the Reclamation Officer

The Reclamation Officer shall, subject to the general control of the Government prescribe the necessary registers and records to be maintained by the Superintendent of the corrective settlement in respect of the settlers.

Rule50 Duties and Responsibilities of the Superintendent in charge of corrective settlement

Every corrective settlement certified under sub-section (2) of Section 13 shall have a Superintendent deputed by Government and his duties and responsibilities will be similar to those of the Superintendents of Corrective Settlement established by Government as per sub-section (1) of Section 13.

Rule51 Control of certified corrective settlement

Such certified corrective settlement shall be under the general control of the Reclamation Officer and shall be inspected by him or the Assistant Reclamation Officer not less than once in every six months and in addition, as many times as it is necessary.

Rule52 Separate section in the certified corrective settlement

Separate Sections shall be provided in every certified corrective settlement.

(1) for single male settlers;

(2) for single female settlers;

(3) for settlers belonging to the same family;

(4) for married settlers, residing in such settlement with their/Wives/Husbands as the case may be.

Rule53 Visiting Committee for Certified Corrective Settlement

For every Certified Corrective Settlement there shall be a Visiting Committee consisting of ex officio members and non-official members as provided in sub-rules (2) to (6) of Rule 43 and the duties and responsibilities of the visiting committee shall be the same as provided in Rules 44 and 45. The Honorary Secretary and one or two members of the Governing Body shall be included as non-official members of the visiting committee.

Rule54 Penalties

Whoever being a registered offender or a person against whom an order of restriction of movement has been made or a settle contravenes any of these rules, shall, on conviction, be punishable with imprisonment which may extend to six months or with fine which may extend to rupees one hundred, or with both.

Rule55 Repeal and Savings

All rules corresponding to the foregoing rules framed under any enactment repealed by Section 22 are hereby repealed:

Provided that the repeal shall not affect.

(a) the previous operation or the rules so repealed or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation, or liability acquired, accrued or incurred under any rules so repealed; or

(c) any penalty, forfeiture or punishment incurred in respect of any offences committed against any rule so repealed; or

(d) any investigation or legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid and any such investigation, legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if such rules has not been repealed:

Provided further that subject to the preceding proviso anything done or any action taken (including any appointment or delegation made, notification, order, instructions or directions issued, Form, Certificates obtained, permit or pass or licence granted, or registration effected under any such rule) shall be deemed to have been done or taken under the corresponding provisions of these rules and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the Act or these rules as the case may be.

APPENDIX A Register of Habitual Offenders under the Karnataka Habitual Offenders Act, 1961

FORM [See Rule 3]

FORM 'A'

[See

Rule 3]

Register

of Habitual Offenders under the Karnataka Habitual Offenders

Act, 1961

(To be entered by the Officer maintaining the Register)

Serial No.   Caste   Sub-Caste   Number and date of the order of Registration   (i) Name with alias of the Habitual Offender, Father's /Husband's name   (ii) Residence on the date of order: Village Police StationDistrict   (iii) Place of Origin: Village Police Station District   (iv) Place of proposed residence:Village Police Station District   (v) Descriptive Roll:Age HeightMarksof Identification   (vi) (a) Area to which movements are restricted Village Police Station District   (b) Manner in which required to report   (vii) Left thumb impression of the Habitual Offender   (viii) Signature and Designation of the Officer maintaining the Register with date   (ix) Date of placing the Register in the keeping of the District Magistrate/ Commissioner of Police/Superintendentof Police   (x) Signature and designation of the Officer-in-charge of the register with date (entries to be made by the District Magistrate /Commissioner of Police/ Superintendent of Police) SI. No. according to each Police Station: date on which finger impressions slip. sent to the Bureau: Finger impression classification  

CONVICTIONS

(Convictions

before registration to be shown in Red Ink)

 No. Name under which convicted District and Court Date Section Sentence Name of Jail in which confined and No. in Jail Register (1) (2) (3) (4) (5) (6) (7)       

APPENDIX B Notice to Habitual Offender to appear in person

FORM [See Rule 4]

FORM 'B'

[See

Rule 4]

Notice to Habitual Offender to appear in person

To

(Name and description of

place of residence)

Whereas, the Government of Karnataka has directed

that a register of Habitual Offender should be made.

 And whereas, you are a Habitual Offender, IDistrict

Magistrate/Officer appointed by the District Magistrate,

Now therefore, in exercise of the powers conferred by Section 4 of the

Act, call upon you.

(a) to appear before me in person on the day

of...........at......

'O' clock;

(b) to furnish the following information

namely.

(Here insert the particulars required)

(c) to allow your finger and palm

impressions,

foot prints and photographs to be taken for the purposes

of making an entry in the Register of Habitual offenders and further to show

cause why such entries should not be made in the said Register. 1[If you fail

to show cause why the entry should not be made within the time specified above

it shall be presumed that you have no objection to the entries being made and

action will be taken accordingly.

Date...............   District Magistrate

Officer appointed by the District Magistrate

APPENDIX C Temporary Absence Form

FORM [See Rule 10(4)]

FORM

'C'

[See

Rule 10(4)]

Temporary

Absence Form

Issued to (Name)son/wife of.. Caste..Register

NoResident of Village.who has notified his/her intention to be

temporarily absent from his/her residence. Place or places he/she proposes to

visit and persons he/she proposes to stop with.

Place Probable date Person or place where he/she will stop Probable period of halt (1) (2) (3) (4)    

Age and

Marks of Identification

or thumb mark

Name of Police Station;

Village

Date of issue.

Signature of the Officer-in-charge

of the Police Station or the Police Patel

of the Village issuing the Form.

APPENDIX D Pass to be handed to the Restricted person to whom leave of absence from the area has been granted

FORM [See Rule 12]

FORM 'D'

[See

Rule 12]

Pass

to be handed to the Restricted person to whom leave of absence

from

the area has been granted.

 1. Serial Number

2. Name and Father's or husband's name

 3. Sex and Age

 4. Caste and Sub-Caste

 5. Period of absence sanctioned  From:

To:

6. Place to which proceeding

 7. Route to be taken:

 When proceeding

When returning

 8. Business on which Proceeding

9. Name of the Police Station from which leave

was

granted and date of issue

 10. Left thumb impression of the person granted leave.

 Signature of the Officer issuing the Pass

 Leaving home   Arrival at   Reporting at Police Station   Date and Hour of Departure from Return Home Signature of the person to whom the holder has reported himself. (1) (2) (3) (4) (5) (6)      

 Remarks by the

Officer-in-charge of the Police Station.

APPENDIX E Certificate of identity to be given to a Registered Offender

FORM [See Rule 17]

FORM 'E'

[See

Rule 17]

Certificate of identity to be given to a Registered Offender

 Register

No.Caste..

 1. District

2. Name with alias

 3. Father's/Husband's name

 4. Place of original residence

5. Descriptive marks of identification with

impression of left thumb

 6. Date of exemption, if any

7. Nature of exemption, if any

 8. Date of final discharge if,

 1. It should be produced on demand by any

Police Officer or Magistrate

2. It should not be handed over to any other

person for use.

 9. Date of Issue

Signature of the Superintendent of Police.

APPENDIX F Permanent Pass for visiting Bazaar or Market place

FORM [See Rule 18]

FORM 'F'

[See Rule 18]

Permanent

Pass for visiting Bazaar or Market place.

1. Register No.

 2. Name and Father's/Husband's name

 3. Age

 4. Caste and Sub-Caste

 5. Place of nearest bazaar

 6. Days and hours when permitted to visit

7. Period of absence sanctioned.

From To

 8. Name of the Police Station within whose

jurisdiction the person resides.

 9. Date of issue

APPENDIX G Pass permitting a settler to leave the limits of the corrective settlement

FORM [See Rule 28]

FORM 'G'

[See

Rule 28]

Pass

permitting a settler to leave the limits of the corrective settlement

 1. The name of person to whom pass is granted

 2. Register Number

 3. Settlement

 4. Taluka

 5. Period for which pass is valid.  From:  To:

 6. Name of the place of settlement to which he  is permitted to go

 7. Name of the person to whose house he is going

 8. Places at which he must report on the way

9. Purpose of journey

 10. Time/times at which he should give roll-call

Date...........  Signature

of the Officer granting pass

(on the reverse of the pass)

 Place ofsettlement Date and hour of report of arrival Date and hour of report of departure Signature of the person to whom the holder has reported himself (1) (2) (3) (4)    

APPENDIX H Licence Discharging a Settler Conditionally

FORM [See Rule 39]

FORM 'H'

[See

Rule 39]

Licence

Discharging a Settler Conditionally

 Name.

Caste..............

Register No.   May be discharged from..

Settlement under the provision of Rule 39 of the

Karnataka Habitual Offenders Rules, 1969, provided he accepts the following conditions during the period of licence which shall be valid up to

 (a) He shall reside atVillage/Taluka/District

 (b) He shall refrain from joining any trade union or political organisations;

 (c) He will be of good conduct;

(d) He will give weekly roll-call on Friday

before the Police Patel of the Village or other person appointed for this

purpose;

 (e) He will notify whenever he intends to be absent from the place of his residence for the night, to the Police Patel of his village or to Officer-in-charge of a Police Station, in the same way as

other restricted persons living in the area are required to do. For sanction to move beyond the limits of the above Districts, the Superintendent of settlement may give him a pass valid up to six months. The Reclamation Officer or the Superintendent of Police may give such pass for any period.

 In the event of breach of any of the above conditions of which

Reclamation Officer shall be the sole Judge, the Settler shall be liable to be replaced in a settlement by the Reclamation Officer on the licence being cancelled.

 The period of licence will date from the time the settler moves from

the limits of the settlement to reside in the above village after accepting the above conditions.

Date:

 Signature of Reclamation Officer.

 The above conditions have been read over to me and I accept them.

 Signature or thumb impression of the Settler.

Explained by me and accepted by him.

Superintendent of the settlement.

He left the settlement limits to reside in the above place on

Superintendent Settlement.